California

Legislation

2025

  • Assembly Bill 18
    • Spectrum: Partisan Bill (Republican 1-0)
    • Status: Introduced on December 2 2024 – 25% progression
    • Action: 2024-12-03 – From printer. May be heard in committee January 2.
    • Summary: An act relating to immigration.

Assembly Bill 18 (AB 18), also known as the California Secure Borders Act of 2025, is a statement of legislative intent that could significantly affect the California State Guard if formally enacted. While the bill currently outlines broad objectives rather than codified law, it specifically mentions the creation of “standards for deployment of the State Guard to the border.” This indicates that the California State Guard could be formally tasked with border security support operations as part of the state’s immigration enforcement strategy.

If these standards are established through future legislation, it could mean that the State Guard would be mobilized to assist with physical border presence, infrastructure support, logistical operations, or coordination with local, state, and federal law enforcement agencies. This would likely involve cross-training or integration into broader border security initiatives, and could represent a major expansion of the State Guard’s operational role, similar to the missions seen in Texas under Operation Lone Star. Additionally, the reference to cross-deputization training for local law enforcement suggests that the Guard might receive or support training designed to align with federal immigration enforcement efforts.

Overall, AB 18 signals a potential shift in California State Guard mission scope, transforming it from an organization traditionally focused on disaster response and state support into one with an active role in border enforcement, pending further legislative development and formal enactment of the bill’s provisions.

  • Assembly Bill 1412
    • Spectrum: Bipartisan Bill
    • Status: Introduced on February 21 2025 – 25% progression
    • Action: 2025-03-13 – Referred to Coms. on ED. and M. & V.A.
    • Pending: Assembly Education Committee
    • Hearing: Apr 9 @ 1:30 pm in 1021 O Street, Room 1100
    • Summary: An act to amend Sections 48204.3 and 56325 of the Education Code, relating to special education.

Assembly Bill 1412 updates California’s Education Code to improve the continuity of special education services for children of military families, including those in the California State Guard, by strengthening student transfer protections and aligning them with the Interstate Compact on Educational Opportunity for Military Children. Specifically, it mandates that school districts act more quickly—within 30 days—to either adopt an incoming student’s existing Individualized Education Program (IEP) or implement a new one, ensuring students with disabilities continue receiving appropriate support without disruption. It also requires schools to accept unofficial records from parents of military children (such as IEPs) upon enrollment and use them until official records arrive, reducing service gaps. Importantly, the bill explicitly includes members of the California State Guard on active duty orders under the definition of “active military duty,” meaning that their children gain the same enrollment and special education protections as those of federal service members. This includes honoring residency requirements based on transfer orders and ensuring that special education services are coordinated promptly when these students move. Overall, the bill removes bureaucratic obstacles and reinforces timely support for special needs students in military families—especially those who frequently relocate—making it a strong win for California State Guard families balancing service and education needs.

  • Assembly Bill 537
    • Spectrum: Partisan Bill (Democrat 1-0)
    • Status: Introduced on February 11 2025 – 25% progression
    • Action: 2025-02-24 – Referred to Com. on Higher ED.
    • Pending: Assembly Higher Education Committee
    • Hearing: Apr 22 @ 1:30 pm in State Capitol, Room 126

Assembly Bill 537 (AB 537) amends sections of the Education Code related to the California College Promise, a state-funded program that provides fee waivers at community colleges. The bill notably removes the requirement that students be enrolled full-time (previously defined as 12 or more semester units) to qualify for the College Promise fee waiver, thereby expanding access to students attending part-time—something that can greatly benefit members of the California State Guard. State Guard members, many of whom serve part-time while balancing civilian jobs and family responsibilities, often find it difficult to enroll in full course loads. By eliminating the full-time enrollment requirement, AB 537 enables more California State Guard members to take advantage of fee waivers and pursue higher education at a pace that fits their service and personal schedules. Additionally, the bill affirms that State Guard members are explicitly included in the definition of “Armed Forces of the United States” for the purposes of eligibility, alongside other military branches and reserve components. It also allows State Guard members who are activated for state duty (under the Governor’s orders) and need to take a leave of absence from college to pause and resume their California College Promise benefits without penalty, ensuring their eligibility and benefits remain intact upon return from duty. In essence, AB 537 helps remove financial and logistical barriers for California State Guard members who seek to pursue or continue their education at community colleges.

  • Senate Bill 60
    • Spectrum: Partisan Bill (Republican 1-0)
    • Status: Introduced on January 8 2025 – 25% progression
    • Action: 2025-03-28 – Set for hearing April 28.
    • Pending: Senate Military & Veterans Affairs Committee
    • Hearing: Apr 28 @ 3:00 pm in 1021 O Street, Room 2200
    • Summary: An act to amend Sections 66025.3 and 69999.16 of the Education Code, relating to public postsecondary education.

Senate Bill 60 makes a meaningful change to California law that directly benefits members of the California State Guard by expanding their educational opportunities under the California Military Department GI Bill Award Program. The bill amends existing education code to now allow State Guard members (along with the California National Guard and Naval Militia) to use their GI Bill awards for “extended education” courses at California State University or University of California campuses, as long as those courses apply toward the requirements of an undergraduate degree. Previously, GI Bill benefits were limited to traditional degree or certificate programs. This expansion increases flexibility for service members by enabling them to take evening, weekend, or online courses often categorized as “extended education,” which are particularly useful for working adults or part-time students. In addition, the bill ensures that these service members won’t be charged mandatory tuition or fees for such courses—just like students already covered by tuition waiver programs (e.g., dependents of disabled or deceased veterans). For the California State Guard, this change enhances recruitment and retention by making higher education more accessible and tailored to the part-time nature of their service, while formally placing them on equal footing with other components of the California Military Department in educational benefits.

  • Assembly Bill 468
    • Spectrum: Slight Partisan Bill (Democrat 5-2)
    • Status: Introduced on February 6 2025 – 25% progression
    • Action: 2025-03-25 – Re-referred to Com. on PUB. S.
    • Pending: Assembly Public Safety Committee
    • Summary: An act to amend Section 459 of, to add Sections 463.2, 538i, and 12022.67 to, and to repeal and add Section 463 of, the Penal Code, relating to crimes.

AB 468 significantly impacts the California State Guard by formally recognizing it as an authorized emergency services entity under California law, alongside the California National Guard, police, fire, and other official personnel. This designation provides the California State Guard legal protection and distinction during states of emergency, local emergencies, and evacuation zones, especially in the context of looting-related crimes. Specifically, it becomes a felony offense for unauthorized individuals to impersonate members of the California State Guard (or use their uniforms, insignia, or credentials) during a declared emergency or evacuation zone, with enhanced penalties if this impersonation occurs during the commission of a felony. The bill also introduces a new sentencing enhancement that applies when someone impersonates emergency personnel like State Guard members while committing crimes such as burglary or theft in evacuation areas, adding 1 to 3 years in prison. This not only helps safeguard the identity and role of California State Guard personnel during disasters but also strengthens public trust in uniformed responders by deterring impersonation and fraud. Overall, the legislation elevates the legal status and operational integrity of the California State Guard, especially in disaster response and recovery efforts where uniformed presence and authority are crucial.

2024

  • Senate Bill 3290
    • Spectrum: Committee Bill
    • Status: Enrolled on August 19 2024 – 75% progression
    • Action: 2024-08-19 – Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 77. Noes 0.).
    • Summary:

Assembly Bill 3290, introduced by the Committee on Higher Education, makes key changes to public postsecondary education in California. The bill primarily addresses residency requirements for tuition purposes, extending resident classification to any student who is a member of the Armed Forces of the United States stationed in California, regardless of whether the student is assigned for educational purposes to a state-supported institution. Notably, this includes members of the California State Guard, who will now be eligible for resident tuition rates even if they are later transferred out of state, as long as they remain continuously enrolled. The bill also extends the deadline for the California Community Colleges to adopt and implement a common course numbering system by three years, moving the requirement from July 1, 2024, to July 1, 2027.

The legislature made specific amendments to clarify the inclusion of the California State Guard alongside other branches of the Armed Forces within the residency provisions, ensuring that its members are afforded the same tuition benefits as those in federal military branches. This change underscores the state’s recognition of the California State Guard as an integral part of the state’s military structure. Additionally, the extension of the common course numbering system’s implementation timeline provides community colleges with more time to standardize course numbers across campuses, facilitating smoother transfers for students. The bill also includes provisions for reimbursing local agencies and school districts for any state-mandated costs incurred due to these changes.

LEGISLATIVE COUNSEL’S DIGEST

AB 3290, Committee on Higher Education. Public postsecondary education.
(1) Existing law establishes the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, the California State University, under the administration of the Trustees of the California State University, and the University of California, under the administration of the Regents of the University of California, as the 3 segments of public postsecondary education in the state.
Existing law establishes uniform residency requirements for purposes of ascertaining the amount of tuition and fees to be paid by students of public postsecondary education institutions. Existing law entitles a student to resident classification only for the purpose of determining tuition and fees if the student is a member of the Armed Forces of the United States stationed in the state, except a member of the Armed Forces that is assigned for educational purposes to a state-supported institution of higher education.
This bill would delete that exception from resident classification, thereby extending resident classification to any student who is a member of the Armed Forces of the United States stationed in the state, regardless of whether the student is assigned for educational purposes to a state-supported institution of higher education. To the extent the bill would require community college districts to exempt more students from nonresident tuition, the bill would impose a state-mandated local program.
(2) Existing law requires the California Community Colleges, on or before July 1, 2024, to adopt a common course numbering system for all general education requirement courses and transfer pathway courses, and requires each community college campus, on or before July 1, 2024, to incorporate common course numbers from the adopted system into its course catalog.
This bill would extend those dates by 3 years, thereby extending the deadline by which the California Community Colleges is required to adopt that common course numbering system, and the deadline by which each community college campus is required to incorporate common course numbers from the adopted system into its course catalog, to on or before July 1, 2027.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes  

Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 66725.5 of the Education Code is amended to read:

66725.5.

(a) (1) To streamline transfer from two- to four-year postsecondary educational institutions and reduce excess credit accumulation, on or before July 1, 2027, both of the following shall occur:

(A) The California Community Colleges shall adopt a common course numbering system for all general education requirement courses and transfer pathway courses.
(B) Each community college campus shall incorporate common course numbers from the adopted common course numbering system in its catalog.
(2) The common course numbering system shall be student facing, based on the work of the workgroup established in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2021, and ensure that comparable courses across all community colleges have the same course number.
(3) To support the development and implementation of a common course numbering system for the California Community College system, the workgroup established in Item 6870-101-0001 of Section 2.00 of the Budget Act of 2021 shall consider starting with courses included in the Course Identification Numbering System (C-ID) and expanding to general education requirements and transfer pathway courses pursuant to subdivision (b).
(b) The common course numbering system may have the same alphabetical identifier and same numerical identifier for each course that shares the same C-ID course description, pursuant to both of the following:
(1) For all courses included in the C-ID, the California Community Colleges may adopt the alphabetical and numerical identifier of the C-ID course descriptor as the same common course number at all community colleges.
(2) For all general education requirements and transfer pathway courses that are not included in the C-ID, intersegmental discipline faculty through the C-ID process may develop a C-ID course descriptor for each of these community college courses. Once a C-ID course descriptor is developed, the California Community Colleges may adopt the alphabetical and numerical identifier of the C-ID course descriptor as the same common course number at all community colleges.

SEC. 2.

Section 68075 of the Education Code is amended to read:

68075.

(a) For purposes of this section, “Armed Forces of the United States” means the Air Force, Army, Coast Guard, Marine Corps, Navy, Space Force, and the reserve components of each of those forces, the California National Guard, the California State Guard, and the California Naval Militia.

(b) A student who is a member of the Armed Forces of the United States stationed in this state is entitled to resident classification only for the purpose of determining the amount of tuition and fees.
(c) If that member of the Armed Forces of the United States who is in attendance at an institution is thereafter transferred on military orders to a place outside this state where the member continues to serve in the Armed Forces of the United States, the member shall not lose the member’s resident classification so long as the member remains continuously enrolled at that institution.

SEC. 3.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

  • Senate Bill 2093
    • Spectrum: Partisan Bill (Democrat 8-0)
    • Status: Engrossed on May 23 2024 – 50% progression
    • Action: 2024-08-19 – Read second time. Ordered to third reading.
    • Summary: Change from Shall to May to California College Promise fee waiver

Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

The Legislature finds and declares all of the following:

(a) As of 2022, California ranks in the top one-third of states in the nation for average student loan debt held by borrowers at $37,400.
(b) According to data from the Integrated Public Use Microdata Series, by 2019, less than 15 percent of Latinx Californians and less than 30 percent of Black Californians had attained a baccalaureate degree, while more than 40 percent of White Californians had attained a baccalaureate degree.
(c) According to data from the California Community Colleges, the California College Promise provides free tuition to approximately 1,000,000 community college students; nearly one-half of the 2,100,000 students enrolled at the California Community Colleges.
(d) In the 2021–22 academic year, 60 percent of all undergraduate students enrolled at the California State University, and 55 percent of all undergraduate students enrolled at the University of California, had their full cost of tuition covered by grants, scholarships, or waivers.
(e) The California Community Colleges currently offer 33 baccalaureate degree programs in an effort to make earning a four-year degree more attainable for all Californians.
(f) The Public Policy Institute of California has identified the need for more than 1,000,000 additional baccalaureate degree holders in California by 2030.

SEC. 2.

Section 76396.3 of the Education Code is amended to read:

76396.3.

(a) A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396.

(b) (1) The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140.
(2) Notwithstanding paragraph (1), a student who is a member of the Armed Forces of the United States and is called to duty compelling the student to take a leave of absence pursuant to provisions of Title 10, Title 14, or Title 32 of the United States Code, or to state-funded active duty on order of the Governor, may withdraw from participation in the California College Promise and resume participation in the program upon the student’s return from duty without losing eligibility for the fee waiver or any other benefit of the program. The time during which the student was obliged to withdraw because of active duty shall not count toward the limit of the period of that student’s eligibility for participation in the California College Promise.
(3) Notwithstanding paragraph (1), a high school pupil who enrolls in community college pursuant to Section 48800, 52620, or 76004 shall be considered a first-time community college student for purposes of paragraph (1) upon the student’s enrollment in community college after high school graduation.
(4) Notwithstanding paragraph (1), a first-time community college student or a returning community college student who is enrolled full-time and who matriculates into upper division coursework of a community college baccalaureate degree program shall may receive a fee waiver pursuant to paragraph (1) for fees, including, but not limited to, fees for coursework in a baccalaureate degree program described in paragraph (4) of subdivision (g) of Section 78042 and upper division baccalaureate coursework fees described in paragraph (5) of subdivision (g) of Section 78042 for only an additional two academic years.
(c) For purposes of this section, the following terms have the following meanings:
(1) “Academic year” means the total of the summer term that immediately precedes the first semester or quarter of the fall term, and the two consecutive semesters or three quarters that immediately follow that summer term. Each semester or quarter is approximately the same length.
(2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia.
(3) (A) Except as provided in subparagraph (B), “full time” means 12 or more semester units or the equivalent.
(B) A student enrolled in fewer than 12 units may be deemed “full time” at the discretion of the institution if the student has been certified as “full time” by a staff person in the disabled student services program at the institution who is qualified to make such a designation.
(4) “Returning community college student” means a student who has taken a break of one or more semesters, or the equivalent quarters.
(d) It is the intent of the Legislature that funding provided to support the California College Promise be used by the community college to advance the goals outlined in Section 76396.1.
(e) On or before July 1, 2024, the chancellor’s office shall submit a report to the Legislature in compliance with Section 9795 of the Government Code evaluating the use of funding for the California College Promise to waive student fees. The report shall determine whether the goals outlined in Section 76396.1 are being met.
(f) The chancellor’s office may require community colleges and community college districts receiving funding pursuant to this article to report on an annual basis the use of these funds consistent with the conditions of Section 76396.2. Funding during the following academic year may only be distributed to those community colleges and community college districts that provided this information, if required by the chancellor’s office, in a timely manner during the prior academic year and demonstrated compliance with the requirements of Section 76396.2 and this subdivision.
  • Senate Bill 1335
    • Status: Enrolled on August 15 2024 – 75% progression
    • Action: 2024-08-22 – Enrolled and presented to the Governor at 2 p.m.
    • Summary:Senate Bill 1335, introduced by Senator Archuleta, amends various sections of the Military and Veterans Code related to the California Cadet Corps, a youth organization focused on military-style training and education. The bill introduces the ability to establish independent Cadet Corps units outside traditional schools, such as at State Guard facilities or other approved public locations, under the supervision of sponsoring organizations. It also revises the structure of leadership within the Cadet Corps, giving the Governor the authority to appoint officers, including deputy commanders and a chief of staff, while the Adjutant General is empowered to appoint staff officers and order members of the State Guard, Naval Militia, or California National Guard to temporary state active duty in support of the Corps.Additionally, the bill modifies the operational guidelines for the Cadet Corps, including reducing the frequency of inspections and allowing the Adjutant General to establish cooperative agreements with nonprofit organizations to support the Corps’ activities. It also permits the Adjutant General to purchase and supply rifles for marksmanship training and authorizes marksmanship as part of the Corps’ instruction, with California State Guard members eligible to serve as instructors. Overall, SB 1335 seeks to enhance the flexibility, governance, and support structure of the California Cadet Corps, aligning it more closely with state military resources and broadening its scope beyond traditional educational institutions.
Introduced by Senator Archuleta
February 16, 2024
An act to amend Sections 501, 502, 502.1, 502.3, 503, 504, 505, 506, 507, 508, 510, 511.5, 512, 513, 514, 515, 516, 520, and 520.1 of, to add Sections 500.2, 502.4, and 522 to, to repeal Sections 502.5 and 516.1 of, and to repeal and add Sections 500, 500.1, 502.2, 517, 518, and 519 of, the Military and Veterans Code, relating to the California Cadet Corps.



LEGISLATIVE COUNSEL’S DIGEST

SB 1335, Archuleta. The California Cadet Corps.
Existing law establishes the California Cadet Corps and requires the Adjutant General to fulfill specified responsibilities in overseeing the corps, including inspecting each corps unit every 2 years, adopting rules and regulations to determine the grade and rank to be held by specific individuals in the corps, and prescribing uniforms for the corps. Existing law specifies who may serve in corps leadership positions. Existing law requires each college, community college, and school meeting specified criteria to establish a unit and requires or authorizes those schools to fulfill certain responsibilities with regard to the corps.
Existing law authorizes the Adjutant General to appoint officers in the corps, as specified, and to order members of the corps into temporary active state duty. Existing law requires marksmanship practice as part of corps instruction and authorizes the Adjutant General to purchase and supply rifles to each college, community college, and school for field target work and gallery practice. Existing law requires cadets, when practical, to utilize California National Guard rifle ranges, as specified. Existing law provides for the discipline of cadets for, among other things, deficiency in academic studies and misbehavior. Existing law requires the Adjutant General to inspect corps units once every 2 years, except as otherwise provided.
This bill would revise and recast these provisions to, among other things, authorize the establishment of an independent unit outside of a school, college, or community college under the guidance and control of a sponsoring organization, as provided. The bill would authorize the Adjutant General to appoint staff officers in support of corps operations. The bill would decrease the frequency of inspections by requiring the Adjutant General to inspect corps units once every 3 years or as otherwise provided. The bill would also authorize the Governor to appoint officers for the corps, including 2 deputy commanders and a chief of staff. This bill would authorize the Adjutant General to adopt rules and regulations for the personnel actions of corps officers. The bill would specify the disciplinary authority for independent corps units and would authorize the Commander of the California Cadet Corps to demote or dismiss a cadet, as specified.
This bill would authorize the Adjutant General to order officers of the State Guard, Naval Militia, or California National Guard to temporary state active duty to support the corps, including serving as a marksmanship or military training instructor. The bill would authorize marksmanship as part of corps instruction and would authorize the Adjutant General to purchase and supply rifles to units established outside of a school, college, or community college. The bill would authorize the Adjutant General to enter into a cooperative agreement with a nonprofit public benefit education corporation to, among other things, solicit grants and other funding on behalf of a corps unit.

Digest Key

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: no  

Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 500 of the Military and Veterans Code is repealed.

SEC. 2.

Section 500 is added to the Military and Veterans Code, to read:

500.

(a) The students of a school, college, or community college in this state may be organized into an appropriately sized California Cadet Corps unit under the rules and regulations prescribed by the governing body of the school, college, or community college where the unit is formed and the Adjutant General.

(b) A school, college, or community college is not required to establish a California Cadet Corps unit unless the number of qualified students who voluntarily enroll in the unit is sufficient to meet the strength prescribed by the Adjutant General.

SEC. 3.

Section 500.1 of the Military and Veterans Code is repealed.

SEC. 4.

Section 500.1 is added to the Military and Veterans Code, to read:

500.1.

(a) A California Cadet Corps unit may not be established at a school, college, or community college in this state in which there is an established J.R.O.T.C. or R.O.T.C. program unless it is approved, in writing, by the school or the governing board of the sponsoring organization.

(b) J.R.O.T.C., R.O.T.C., and other federally approved military units are not subject to, or limited by, this chapter.

SEC. 5.

Section 500.2 is added to the Military and Veterans Code, to read:

500.2.

(a) An independent California Cadet Corps unit may be established outside of the authority of a school, college, or community college. These units may be established at a State Guard facility, a federal, state, or local government-owned or government-operated facility, a veteran or service organization location, or another public location approved by the Adjutant General.

(b) The Adjutant General may enter into a memorandum of understanding with a sponsoring organization that describes the requirements and expectations of establishing a California Cadet Corps unit under its auspices.
(c) If the Adjutant General enters into the memorandum of understanding authorized in subdivision (b), the memorandum shall include, but not be limited to, information regarding all of the following:
(1) Compliance with the California Cadet Corps regulations and policies.
(2) Reporting of enrollment and activities.
(3) The provision of an area for California Cadet Corps instruction.
(4) The provision of a secure area for property issued by the California Cadet Corps.
(5) Ensuring adequate and appropriate adult supervision of cadets.
(6) The facilitation of California Cadet Corps instruction.

SEC. 6.

Section 501 of the Military and Veterans Code is amended to read:

501.

(a) While a school, college, or community college is in session, school-based California Cadet Corps units shall be under the guidance and control of the principal, president, director, or chief administrative officer of the school, college, or community college who shall be responsible for making regulations with the approval of the Adjutant General regarding the moral, educational, and physical welfare of the cadets.

(b) An independent California Cadet Corps unit shall be under the guidance and control of the head of the sponsoring organization, who shall be responsible for ensuring compliance with California Cadet Corps regulations, securing and maintaining California Cadet Corps-issued state property, and following the established curricula of the California Cadet Corps.

SEC. 7.

Section 502 of the Military and Veterans Code is amended to read:

502.

(a) Upon recommendation of the governing board having jurisdiction over the school, college, community college, or sponsoring organization, the Adjutant General may appoint officers, warrant officers, and noncommissioned officers in the California Cadet Corps for duty as commandants of cadets or assistant commandants of cadets in each school, college, community college, or sponsoring organization under the jurisdiction of the governing board.

(b) Except when ordered to state active duty by the Governor, the officers, warrant officers, and noncommissioned officers shall be under the immediate control and jurisdiction of the governing board of the school, college, or community college at which they are on duty and pay, allowances, and expenses shall be disbursed from funds appropriated for the maintenance and operations of the school, college, or community college where they serve.
(c) Each officer, warrant officer, and noncommissioned officer shall hold their appointment at the pleasure of the governing board, until a successor has been appointed and qualified, or until their affiliation with the California Cadet Corps is severed.
(d) (1) The Adjutant General may appoint commissioned officers, warrant officers, and noncommissioned officers as staff officers in support of California Cadet Corps operations.
(2) A staff officer not assigned to a school, college, or community college is under the immediate control and jurisdiction of the Commander of the California Cadet Corps.
(3) An officer, warrant officer, or noncommissioned officer on state active duty in support of the California Cadet Corps is under the immediate control and jurisdiction of the Commander of the California Cadet Corps.

SEC. 8.

Section 502.1 of the Military and Veterans Code is amended to read:

502.1.

(a) The Adjutant General shall determine by the adoption of rules and regulations the grade and rank to be held by individuals appointed in the California Cadet Corps by reason of their military experience, professional knowledge, or both. These individuals shall be appointed pursuant to the rules and regulations adopted by the Adjutant General.

(b) (1) A person who has previously been an officer, warrant officer, or noncommissioned officer of, and discharged under honorable conditions from, the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Space Force, the United States Coast Guard, a reserve component of those federal forces, the California National Guard, the State Guard, or the active militia may be appointed in the California Cadet Corps in the same rank last held in such federal or state military forces.
(2) Each officer, warrant officer, or noncommissioned officer shall hold office pursuant to the rules and regulations adopted by the Adjutant General.
(3) (A) Upon recommendation of the Adjutant General, the Governor may commission one Commander of the California Cadet Corps as a brigadier general or colonel, up to two Deputy Commanders of the California Cadet Corps as a colonel or lieutenant colonel, one Chief of Staff as a colonel or lieutenant colonel, and the necessary number of staff and regional advisors in the same grade and rank last held in federal or state military forces, not to exceed lieutenant colonel, pursuant to rules and regulations adopted by the Adjutant General.
(B) The Commander of the California Cadet Corps may be appointed to a brigadier general, and the Deputy Commanders may be appointed as a colonel, once the total number of enrolled cadets exceeds 10,000 annually or there are more than 100 California Cadet Corps units.
(4) Upon the recommendation of the Adjutant General, the Governor may appoint commissioned officers, warrant officers, and noncommissioned officers to the same grade and rank last held in federal or state military forces for service in the California Cadet Corps by virtue of their professional knowledge and experience. Pay and expenses shall be taken from the funds appropriated for the maintenance and support of the California Cadet Corps.

SEC. 9.

Section 502.2 of the Military and Veterans Code is repealed.

SEC. 10.

Section 502.2 is added to the Military and Veterans Code, to read:

502.2.

(a) All personnel appointed in the California Cadet Corps pursuant to Section 502.1 shall wear uniforms prescribed by the Adjutant General. Primary uniforms shall be consistent with uniforms of the California State Guard with distinctive California Cadet Corps markings.

(b) Personnel wearing the uniforms described in subdivision (a) shall meet appearance standards consistent with the California State Guard.
(c) Personnel not meeting the standards described in this section may wear an alternate uniform approved by the Commander of the California Cadet Corps.

SEC. 11.

Section 502.3 of the Military and Veterans Code is amended to read:

502.3.

The Adjutant General may adopt rules and regulations providing for the personnel actions of officers, warrant officers, and noncommissioned officers of the California Cadet Corps.

SEC. 12.

Section 502.4 is added to the Military and Veterans Code, to read:

502.4.

(a) The Adjutant General may order officers, warrant officers, and noncommissioned officers in the California Cadet Corps to state active duty at encampments, exercises, or other activities conducted by the corps.

(b) While on state active duty, an officer, warrant officer, and noncommissioned officer shall receive the same base pay, without longevity, as a member of similar grade in the United States Army together with their expenses.
(c) Pay and expenses for these purposes shall be paid from funds appropriated for the maintenance and support of the California Cadet Corps.
(d) When on state active duty in support of the Cadet Corps, personnel are under the direction and control of the Commander of the California Cadet Corps.

SEC. 13.

Section 502.5 of the Military and Veterans Code is repealed.

SEC. 14.

Section 503 of the Military and Veterans Code is amended to read:

503.

(a) California Cadet Corps units shall be organized and each shall consist of commissioned cadet officers, cadet warrant officers, and noncommissioned cadet officers as shall be prescribed by the Adjutant General.

(b) Cadet officers shall be commissioned in accordance with rules and regulations adopted by the Adjutant General and upon recommendation of the commandant and with the approval of the respective principal or brigade advisor.
(c) The warrant and noncommissioned cadet officers shall be appointed by the commandant.

SEC. 15.

Section 504 of the Military and Veterans Code is amended to read:

504.

(a) The Adjutant General shall adopt rules and regulations for the formation of cadet brigades, regiments, and battalions and shall adopt tables of organization and provide for the appointment of cadet brigade, regimental, and battalion officers and staffs.

(b) All cadet battalion officers, regimental, and noncommissioned officers shall be appointed, commissioned, or warranted in accordance with rules and regulations adopted by the Adjutant General and upon the recommendation of the commandant of cadets with the approval of the president, director, chief administrative officer, or principal of the school, college, community college, or, in the case of an independent unit not based at a school or college, the head of the sponsoring organization.

SEC. 16.

Section 505 of the Military and Veterans Code is amended to read:

505.

The Adjutant General may order officers, warrant officers, and noncommissioned officers of the State Guard, Naval Militia, or California National Guard to temporary state active duty to perform functions in support of the California Cadet Corps. Pay for such duties shall be disbursed from funds appropriated for the support and maintenance of the California Cadet Corps.

SEC. 17.

Section 506 of the Military and Veterans Code is amended to read:

506.

All cadet officers, cadet warrant officers, and cadet noncommissioned officers shall be promoted according to rules and regulations adopted by the Adjutant General upon the recommendation of the commandant of cadets and with the approval of the president, director, chief administrative officer, or principal of the school, college, community college, or, in the case of an independent unit not based at a school or college, the head of the sponsoring organization.

SEC. 18.

Section 507 of the Military and Veterans Code is amended to read:

507.

(a) Upon the recommendation of the president, director, chief administrative officer, or principal of the school, college, or community college in which the California Cadet Corps participates, the commission or warrant of a cadet commissioned officer, cadet warrant officer, or cadet noncommissioned officer may be canceled and the cadet reduced in rank or dismissed from the California Cadet Corps for any of the following reasons:

(1) Deficiency in academic studies.
(2) Misbehavior in the school, college, or community college the cadet is attending.
(3) Misbehavior in the California Cadet Corps.
(4) For any other reason deemed good cause by the president, director, chief administrative officer, or principal of the school, college, or community college.
(b) For an independent unit, the brigade advisor and head of the sponsoring organization shall be the disciplinary authority.
(c) The Commander of the California Cadet Corps may independently, or in coordination with the school or sponsoring organization official, demote or dismiss a cadet from the California Cadet Corps.

SEC. 19.

Section 508 of the Military and Veterans Code is amended to read:

508.

The California Cadet Corps shall train in accordance with the appropriate manuals prescribed by the United States Army and by the rules and regulations adopted by the Adjutant General.

SEC. 20.

Section 510 of the Military and Veterans Code is amended to read:

510.

(a) The Adjutant General shall prescribe the uniforms that the cadet and adult members of the California Cadet Corps shall wear.

(b) (1) The Adjutant General may issue, to the California Cadet Corps cadets and adults, necessary training aids, insignia of rank and of the California Cadet Corps, awards and decorations, and military property or equipment in the control of the Adjutant General as may not be required for the California National Guard, other state military forces, or other military purposes.
(2) The issues described in paragraph (1) may be made by the Adjutant General without charge to the members of the California Cadet Corps or to the school, college, community college, or sponsoring organization.
(3) The Adjutant General, after receiving written acknowledgment from the president, director, chief administrative officer, or principal of the school, college, community college, or sponsoring organization of the receipt of such property, shall account the same as a transfer of equipment.

SEC. 21.

Section 511.5 of the Military and Veterans Code is amended to read:

511.5.

Under rules and regulations adopted by the Adjutant General, the Adjutant General may purchase uniforms, insignia, and awards and decorations for the cadet and adult members of the California Cadet Corps, including utility, physical training, dress, and formal uniforms.

SEC. 22.

Section 512 of the Military and Veterans Code is amended to read:

512.

(a) Marksmanship practice may constitute a part of the instruction to be given to cadets.

(b) A member of the California Cadet Corps may engage in rifle matches and competitions conducted or held in this state or at any place in the United States.
(c) (1) The Adjutant General may purchase and supply a sufficient number of efficient rifles for field target work and gallery practice and the ammunition and equipment necessary for efficient rifle practice to each California Cadet Corps unit.
(2) A sufficient number of rifles suitable for field target work or gallery target firing and the ammunition and equipment may be purchased by a board of school trustees, board of education, board of directors or trustees of a college or community college, county superintendent of schools, the Superintendent of Public Instruction, or the head of a sponsoring organization out of funds available, and the governing body or governing officials of a school, college, community college, or sponsoring organization may purchase the necessary parts for and may repair any rifles acquired or furnished to the California Cadet Corps.
(d) All marksmanship practice shall be under the supervision of the president, chief administrative officer, director, or principal of the school, college, community college, or sponsoring organization or under the supervision of an appointed officer or officers.
(e) (1) A competent member of the California National Guard, State Guard, or Naval Militia may be detailed by the Adjutant General, with their consent, and upon request of the president, director, chief administrative officer, or principal of the school, college, community college, or sponsoring organization as an instructor of marksmanship practice in the California Cadet Corps.
(2) An instructor from the California National Guard, State Guard, or Naval Militia on duty at a school, college, community college, or sponsoring organization for marksmanship practice shall be under the immediate control and jurisdiction of the governing body of the school, college, community college, or sponsoring organization.
(f) The expenditures may be paid out of funds appropriated for the maintenance and support of the California Cadet Corps.

SEC. 23.

Section 513 of the Military and Veterans Code is amended to read:

513.

(a) The Adjutant General may detail, from the organizations of the California National Guard, State Guard, or Naval Militia, competent members who shall perform duties on behalf of the California Cadet Corps and who may act as military training instructors for the California Cadet Corps.

(b) The Adjutant General may provide compensation for any person detailed for duty and service with the California Cadet Corps.
(c) The expenditures may be paid out of funds appropriated for the maintenance and support of the California Cadet Corps.
(d) The Adjutant General may conduct conferences and other events and activities for members of the California Cadet Corps and may utilize funds appropriated for the maintenance and support of the California Cadet Corps for these purposes.

SEC. 24.

Section 514 of the Military and Veterans Code is amended to read:

514.

When practical, members of the California Cadet Corps shall, under the supervision of a qualified California Cadet Corps instructor, be permitted to utilize California National Guard ranges, including marksmanship ranges, for cadet training when the ranges are not being used by the California National Guard.

SEC. 25.

Section 515 of the Military and Veterans Code is amended to read:

515.

(a) A California Cadet Corps unit in its first year of operation shall receive an assistance visit to ensure assigned personnel receive the training and support needed to adequately prepare for their first formal, for-record inspection. The commander, deputy commanders, or regional advisors or military officers of the California National Guard, State Guard, or Naval Militia detailed by the Adjutant General shall inspect units of the California Cadet Corps at least once every three years and annually for a unit that received a rating of unsatisfactory in the prior year’s inspection.

(b) (1) An inspector shall report to the Adjutant General regarding unit community and school service activities, discipline, cadet leadership, training, military knowledge and instruction, and administrative compliance to include condition of property of the California Cadet Corps.
(2) For a unit at a school, college, or community college, a report described in paragraph (1) shall be made and forwarded in duplicate, one copy to the Superintendent of Public Instruction and one copy to the Adjutant General’s office, shall bear the endorsement of the president, director, chief administrative officer, or college, community college, or principal of the school, college, or community college, and shall contain remarks the officials may deem pertinent.
(3) For a unit at a sponsoring organization, a report described in paragraph (1) shall be made and forwarded to the Adjutant General’s office, shall bear the endorsement of the president, director, or chief administrative officer of the sponsoring organization, and shall contain remarks the officials may deem pertinent.

SEC. 26.

Section 516 of the Military and Veterans Code is amended to read:

516.

(a) The president, director, chief administrative officer, or principal of a school, college, or community college shall be responsible for all public property supplied to a California Cadet Corps unit under their control or supervision and shall ensure the property and equipment is properly secured and cared for.

(b) For an independent unit not based at a school or college, the head of the sponsoring organization shall be responsible for state property pursuant to the memorandum of understanding described in Section 500.2.

SEC. 27.

Section 516.1 of the Military and Veterans Code is repealed.

SEC. 28.

Section 517 of the Military and Veterans Code is repealed.

SEC. 29.

Section 517 is added to the Military and Veterans Code, to read:

517.

(a) An encampment may be held by the California Cadet Corps for a duration, and attended by a proportion of the strength of the corps, as may be prescribed by the Adjutant General.

(b) The expenses of encampments may be paid out of funds appropriated for the maintenance and support of the California Cadet Corps.

SEC. 30.

Section 518 of the Military and Veterans Code is repealed.

SEC. 31.

Section 518 is added to the Military and Veterans Code, to read:

518.

If a California Cadet Corps unit is established through the execution of a memorandum of understanding with the respective governing board, pursuant to Section 500.2, the board of school trustees, president, director, and chief administrative officer of a college or community college, board of trustees of a college or community college, board of education, principal or director of a high school, county superintendent of schools, the Superintendent of Public Instruction, and, for an independent unit not based at a school or college, the head of a sponsoring organization shall cooperate with the Adjutant General in the management and administration of the California Cadet Corps unit.

SEC. 32.

Section 519 of the Military and Veterans Code is repealed.

SEC. 33.

Section 519 is added to the Military and Veterans Code, to read:

519.

(a) The provisions of this chapter shall apply to all community colleges in this state, and the principals and governing boards of community colleges shall have the same authority as similar officials of schools.

(b) If a community college is located in close proximity to a school that has a California Cadet Corps unit, the governing boards of the community college and school may enter into an agreement to provide for the joint organization of cadet units.

SEC. 34.

Section 520 of the Military and Veterans Code is amended to read:

520.

(a) (1) A commander, deputy commander, regional advisor, officer, warrant officer, or noncommissioned officer appointed or detailed pursuant to Section 502, 502.1, 512, 513, or 515 who is wounded, injured, disabled, or killed in the performance of ordered duty is entitled to receive compensation from the state in accordance with the provisions of Division 4 (commencing with Section 3200) of the Labor Code.

(2) In all such cases, the individual shall be deemed to be an employee of the state.
(3) The compensation for the individual shall be ascertained, determined, and fixed upon the basis of their average income from all sources during the year immediately preceding the date of the injury or death, or the commencement of the disability, but the compensation shall not exceed the maximum prescribed in Division 4 (commencing with Section 3200) of the Labor Code.
(b) In determining the benefits awarded to an individual under the provisions of this section, it shall be conclusively presumed that the average yearly earning of the injured or deceased individual is not less than ten thousand dollars ($10,000). An injury, death, or disability shall be deemed to have been suffered in line of duty unless the injury, death, or disability resulted from misconduct or disobedience of lawful orders by the injured or deceased individual.

SEC. 35.

Section 520.1 of the Military and Veterans Code is amended to read:

520.1.

(a) The principal and governing board of a private educational institution, charter school, or military academy in which a J.R.O.T.C. or R.O.T.C. unit is not maintained, but which otherwise meets the qualifications prescribed by this chapter and any rules and regulations that may be adopted by the Adjutant General, may apply to the Adjutant General for permission to establish a California Cadet Corps unit, battalion, or regiment pursuant to this chapter.

(b) If the Adjutant General approves the petition, the principal and governing board of the private school shall have the same authority as a similar official of a school, college, or community college to create a unit of, and to become a member of, the California Cadet Corps.
(c) A California Cadet Corps unit formed under this section shall be governed by the provisions of this chapter as though it were a school, college, or community college.

SEC. 36.

Section 522 is added to the Military and Veterans Code, to read:

522.

(a) The Adjutant General may enter into a cooperative agreement with a nonprofit public benefit education corporation if the corporation’s articles of incorporation and bylaws expressly support the goals of the California Cadet Corps and the net earnings or assets of the corporation shall inure to the benefit of the California Cadet Corps.

(b) A California Cadet Corps adult member may serve as a board member of a corporation described in subdivision (a) provided the corporation has an approved cooperative agreement with the department.
(c) The Adjutant General may establish regulations regarding subdivisions (a) and (b).
(d) A cooperative agreement described in subdivision (a) shall define the requirements, authorizations, and restrictions of the nonprofit corporation to solicit grants and other funding, including private donations, on behalf of a California Cadet Corps unit.
  • Senate Bill 1097
    • Status: Engrossed on May 20 2024 – 50% progression
    • Action: 2024-06-19 – From committee: Do pass. (Ayes 13. Noes 0.) (June 19).
    • An act to amend Sections 66, 66.5, 70, 73.7, 79, 84, 86, 123, 143, 144, 146, 161, 162, 166, 170, 189, 229, 230, 233, 252, 257, 263, 266, 324, 325, 340.1, 363, 364, 368, 395, 395.01, 395.06, 395.07, 395.08, 395.1, 395.3, 395.6, 395.10, 399, 399.5, 402, 403, 404, 409.1, 409.2, 409.6, 409.8, 409.13, 416, 502, 520, 530, 552, 554, 555, 557, 559, 560, 641, 642, 642.1, 643, 807, 811, 824, 827, 890.3, 891, 928, 944, 946, 974.5, 981.3, 987.58, 987.69, 987.74, 987.77, 987.79, 988.2, 988.4, 996.979, 996.993, 997.009, 998.009, 998.029, 998.049, 998.060, 998.071, 998.082, 998.094, 998.107, 998.209, 999.2, 1012, 1035.6, 1035.7, 1038, 1038.1, 1038.5, 1042, 1051, 1176, 1255, 1265, 1652, 1690, 1691, 1692, 1693, 1820, and 1821 of, and to repeal and add Section 391 of, the Military and Veterans Code, relating to veterans.

LEGISLATIVE COUNSEL’S DIGEST

SB 1097, as amended, Laird. Veterans: military and veterans: gender-neutral terms.
Existing law establishes the Department of Veterans Affairs and sets forth its powers and duties, including, but not limited to, the administration of various programs providing benefits to veterans. veterans or their beneficiaries. Existing law establishes the California Veterans Board, whose duties include advising the department and its secretary on policies for operations of the department.
This bill would, for the purposes of these provisions, extend access to various programs and benefits to surviving domestic partners of veterans, where applicable.
Existing law exempts members of the active militia from road tax and head tax and from jury duty, with specified exemptions, and from service on any posse comitatus if the member furnishes a certificate from their commanding officer that they have performed the duties required of them in the prior year or during the term of their service, if less than a year.
This bill would instead exempt members of the active militia who are on active military orders if they furnish a copy of their active military orders or a letter from their immediate commanding officer or the Office of the Staff Judge Advocate.
Existing law exempts every officer and enlisted person of the State Guard, during the officer’s or enlisted person’s service, from any posse comitatus and from jury duty.
This bill would instead exempt officers or enlisted persons of the State Guard from any posse comitatus or jury duty service while on active military orders.
The bill would make technical, nonsubstantive changes to, among other things, use gender-neutral language.

SEC. 56.

Section 554 of the Military and Veterans Code is amended to read:

554.

(a) For the use of the State Guard, the Governor may submit requisitions to the United States Secretary of Defense for any arms and equipment in the possession of and excess to or not required by the Department of the Army or allotted or available to the State Guard. The Governor may provide arms and equipment to the State Guard that are not furnished by the Department of the Army and are required in the defense of the state. The Governor may make available to the State Guard armories and other state premises, property, supplies, and equipment as may be available.

(b) The members of the State Guard are members of the state militia for purposes of this code.
(c) All unexpended balances appropriated for the use of the California National Guard or the Adjutant General and not required by the California National Guard or the Adjutant General may be expended by the Adjutant General for the use and benefit of the State Guard and its members. Section 255 does not apply to the State Guard.

SEC. 60.

Section 560 of the Military and Veterans Code is amended to read:

560.

 (a) The Uniform Code of Military Justice (Chapter 47 (commencing with Section 801) of Title 10 of the United States Code) and the rules and regulations adopted thereunder, together with the Manual for Courts-Martial, United States, 1984 (Executive Order No. 12473 of April 13, 1984, as amended), are hereby adopted as part of this code and shall be applicable to and govern the State Guard.
(b) An officer or enlisted person of the State Guard shall not be arrested on any warrant, except for treason or a felony, while going to, remaining at, or returning from a place the person is ordered to attend for military duty. Every officer and enlisted person of the State Guard, while on active military orders, is exempt from service upon any posse comitatus and from jury duty.
  • Senate Bill 901
    • Status: Engrossed on May 16 2024 – 50% progression – FAILED
    • Summary: Slight changed to discharge details for other than honorable conditions
    • Action: 2024-06-18 – From committee: Do pass and re-refer to Com. on APPR. (Ayes 11. Noes 0.) (June 18). Re-referred to Com. on APPR.
    • Pending: Assembly Appropriations Committee

LEGISLATIVE COUNSEL’S DIGEST

SB 901, as amended, Umberg. The military: eligibility.
Existing law establishes within state government a Military Department that includes, among other things, the office of the Adjutant General, the California National Guard, and the State Guard. Existing law generally governs the administration of the military, including its enlisted persons and officers. Existing law provides that an enlisted person may be discharged from the California National Guard under honorable, general, or undesirable conditions without a court-martial and requires a bad conduct or dishonorable discharge to be awarded only by a court-martial. Existing law specifies the causes for discharge of an enlisted person from the California National Guard and provides the conditions for the Governor or the Adjutant General to discharge an enlisted person. Existing law authorizes the discharge of an officer from the California National Guard only by sentence of a general court-martial and approval by the Governor. Existing law prohibits a person from being commissioned or enlisted in the State Guard if the person is not a citizen of the United States or has not declared their intent to become a citizen of the United States or has been expelled from a military or naval organization, as specified.
The bill would specify that a person is not eligible to commission or enlist in the California National Guard or State Guard if that person actively participates in, among other things, advocating for, or engaging in, the use of unlawful force, unlawful violence, or other illegal means to deprive an individual of their rights, as specified. This bill would require an officer or enlisted person to be discharged from the California National Guard or State Guard under undesirable conditions conditions, or receive an other than honorable discharge from the California National Guard, if that person actively participates in that same conduct.

Digest Key

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: no  

Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 240 is added to the Military and Veterans Code, to read:

240.

(a) A person is not eligible to commission as an officer or warrant officer in the California National Guard if they actively participate in any of the following:

(1) Advocating for, or engaging in, the use of unlawful force, unlawful violence, or other illegal means to deprive an individual of their rights under the United States Constitution or the laws of the United States, the California Constitution or the laws of this state, or the laws of any other state, commonwealth, territory, or the District of Columbia, or a political subdivision thereof.
(2) Advocating for, or engaging in, the use of unlawful force or violence to achieve goals that are political, religious, discriminatory, or ideological in nature.
(3) Advocating for, engaging in, or supporting terrorism within the United States or abroad.
(4) Advocating for, engaging in, or supporting the overthrow of the government of the United States, or any political subdivision thereof, including the government of this state or that of any other state, commonwealth, territory, or the District of Columbia, by force of violence, or seeking to alter the form of these governments by unconstitutional or other unlawful means.
(5) Advocating or encouraging military, civilian, or contractor personnel within the California National Guard or State Guard to violate the laws of the United States, or any political subdivision thereof, including the laws of this state or those of any other state, commonwealth, territory, or the District of Columbia, or to disobey lawful orders or regulations, for the purpose of disrupting military activities, or personally undertaking the same.
(6) Advocating for widespread unlawful discrimination based on race, color, national origin, religion, sex, gender identity, or sexual orientation.
(7) Advocating for, engaging in, or supporting treason, as defined in Section 37 of the Penal Code or Section 2381 of Title 18 of the United States Code.
(8) Advocating for, engaging in, or supporting an act of rebellion or insurrection, as defined in Section 2383 of Title 18 of the United States Code.
(b) An officer who actively participates in any of the conduct set forth in subdivision (a), shall be discharged under undesirable conditions, (a) shall receive an other than honorable discharge, in accordance with the United States Department of Defense regulations. regulations and any applicable procedures and regulations of the individual service branches.
(c) “Active participation” has the same meaning as in the Department of Defense Instruction 1325.06 or any successor instruction or regulation.

SEC. 2.

Section 260 of the Military and Veterans Code is amended to read:

260.

The following are causes for discharge of enlisted personnel:

(a) Expiration of term of service.
(b) Attainment of the age of 64 years.
(c) Acceptance of appointment as a commissioned officer in the state or federal service.
(d) To enlist in the United States Army, Navy, Marine Corps, Air Force, Space Force, or Coast Guard.
(e) To accept appointment in the United States Military Academy, Naval Academy, Air Force Academy, or Coast Guard Academy.
(f) To accept appointment as a flying cadet.
(g) To re-enlist.
(h) Discontinuance of the organization in which the person is serving.
(i) Change of residence.
(j) Certificate of disability.
(k) Inaptness or misconduct.
(l) Fraudulent enlistment.
(m) Action of civil or military court.
(n) Draft into the service of the United States.
(o) Business or educational interference.
(p) Any other reason the Governor deems adequate and satisfactory.
(q) For the best interests of the military service.
(r) For the good of the service.
(s) For absence without leave.
(t) Active participation in any of the conduct set forth in subdivision (a) of Section 240.

SEC. 3.

Section 261 of the Military and Veterans Code is amended to read:

261.

(a) (1) Except as provided in subdivision (b), the discharge of enlisted personnel under the provisions of Section 260 shall be effected by order of the Governor, under those regulations as may be prescribed, or as may be authorized by the laws and regulations prescribed for the government of the National Guard by the United States and that are not inconsistent with this code.

(2) An enlisted person shall be discharged receive an other than honorable discharge pursuant to subdivision (t) of Section 260 under undesirable conditions. 260, in accordance with United States Department of Defense regulations and any applicable procedures and regulations of the individual service branches.
(b) The Adjutant General may discharge a person who is absent without leave for a period of 90 days or more. The discharge under this subdivision shall be a general discharge under honorable conditions.

SEC. 4.

Section 270 is added to the Military and Veterans Code, to read:

270.

A person is not eligible to enlist in the California National Guard if they actively participate in any of the conduct set forth in subdivision (a) of Section 240.

SEC. 5.

Section 559 of the Military and Veterans Code is amended to read:

559.

(a) A person shall not be commissioned or enlisted in the State Guard if either of the following apply:

(1) The person is not a citizen of the United States or has not declared their intention to become a citizen of the United States.
(2) The person has been expelled or dishonorably discharged from a military or naval organization of this state, of another state, or of the United States.
(b) A person is not eligible to commission or enlist in the State Guard if they actively participate in any of the conduct set forth in subdivision (a) of Section 240.
(c) A person who is commissioned or enlisted in the State Guard shall be discharged under undesirable conditions if they actively participate in any of the conduct set forth in subdivision (a) of Section 240.

2023

  • Assembly Bill 1342
    • Summary: Provides for a fee waiver for first time college students who serve in The US Military of California State Military
    • Status: Passed on July 21 2023 – 100% progression
    • Action: 2023-07-21 – Chaptered by Secretary of State – Chapter 102, Statutes of 2023
76396.3.

(a) A community college that has been certified by the chancellor as meeting the conditions established under Section 76396.2 shall receive funding pursuant to Section 76396.’

(b) (1) The community college may use funding appropriated pursuant to this article to waive some or all of the fees for first-time community college students and returning community college students who are enrolled at the college full time, and who complete and submit either a Free Application for Federal Student Aid or a California Dream Act application, except that a student who has previously earned a degree or certificate from a postsecondary educational institution is not eligible for this fee waiver. A fee waiver that a first-time community college student or returning community college student receives pursuant to this subdivision shall only be for two academic years, and fees shall only be waived for the summer term and each semester or quarter of an academic year in which the student maintains full-time status. A fee waiver provided pursuant to this subdivision shall not be available to a student who is charged a tuition fee pursuant to Section 76140.
(2) “Armed Forces of the United States” means the United States Air Force, Army, Coast Guard, Marine Corps, Space Force, and Navy, and the reserve components of each of those forces, and the California National Guard, the California State Guard, and the California Naval Militia.
  • Assembly Bill 1605
    • Summary: An act that provides additional High School services and assistance to children of military families.
    • Status: Passed on September 1 2023 – 100% progression
    • Action: 2023-09-01 – Chaptered by Secretary of State – Chapter 142, Statutes of 2023.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Section 49603 of the Education Code is amended to read:

49603.

(a) Each school district district, county office of education, and charter school offering instruction in any of grades 9 to 12, inclusive, that provides on-campus access to employers, shall not prohibit access to the military services.

(b) “Military services,” for purposes of this section, includes the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, the United States Coast Guard, the United States Space Force, or any reserve component of those federal forces, the National Guard, the State Guard, and the active militia.
It is the purpose of this compact to remove barriers to educational success imposed on children of military families because of frequent moves and deployment of their parents by:
(A) Facilitating the timely enrollment of children of military families and ensuring that they are not placed at a disadvantage due to difficulty in the transfer of education records from the previous school district(s) or variations in entrance/age requirements.
(B) Facilitating the student placement process through which children of military families are not disadvantaged by variations in attendance requirements, scheduling, sequencing, grading, course content, or assessment.
(C) Facilitating the qualification and eligibility for enrollment, educational programs, and participation in extracurricular academic, athletic, and social activities.
(D) Facilitating the on-time graduation of children of military families.
(E) Providing for the promulgation and enforcement of administrative rules implementing the provisions of this compact.
(F) Providing for the uniform collection and sharing of information between and among member states, schools, and military families under this compact.
(G) Promoting coordination between this compact and other compacts affecting military children.
(H) Promoting flexibility and cooperation between the educational system, parents and the student in order to achieve educational success for the student.
  • Assembly Bill 322
    • Summary: An Act that mandates certain requirements for higher education institutions in the state regarding the provision of services and resources for students who are veterans of the Armed Forces of the United States, members of the California State Guard, and the California National Guard, as well as their dependents.
    • Spectrum: Bipartisan Bill
    • Status: Passed on October 13 2023 – 100% progression
    • Action: 2023-10-13 – Chaptered by Secretary of State – Chapter 801, Statutes of 2023.
[ Approved by Governor  October 13, 2023. Filed with Secretary of State  October 13, 2023. ]

LEGISLATIVE COUNSEL’S DIGEST

AB 322, Mathis. Veteran and California National Guard Supplemental Orientation Act of 2023.
Existing law establishes the University of California, under the administration of the Regents of the University of California, the California State University, under the administration of the Trustees of the California State University, and the California Community Colleges, under the administration of the Board of Governors of the California Community Colleges, as the 3 segments of public postsecondary education in the state.
This bill, commencing no later than the 2025–26 academic year, would require each campus of the California State University and the California Community Colleges, and would request each campus of the University of California, to include within first-year student and transfer student orientations the location and contact information of the campus point of contact for students who are veterans of the Armed Forces of the United States and members of the California State Guard and the California National Guard, and their dependents, make available in hard copy form at the location of the campus point of contact a document that includes information on polices, resources, and services for these students and their dependents, as specified, and post the document, along with other information available to these students and their dependents, on the campus’s internet website.
By imposing new duties on community college districts, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Digest Key

Vote: majority   Appropriation: no   Fiscal Committee: yes   Local Program: yes  

Bill Text

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1.

Chapter 4.3 (commencing with Section 66225) is added to Part 40 of Division 5 of Title 3 of the Education Code, to read:

CHAPTER  4.3. Veteran and California National Guard Supplemental Orientation Act of 2023
66225.

This chapter shall be known, and may be cited, as the Veteran and California National Guard Supplemental Orientation Act of 2023.

66226.

(a) Commencing no later than the 2025–26 academic year, each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, include within first-year student and transfer student orientations the location and contact information of the campus point of contact for students who are veterans of the Armed Forces of the United States and members of the California State Guard and the California National Guard, and their dependents.

(b) Commencing no later than the 2025–26 academic year, each campus point of contact described in subdivision (a) at the California State University and the California Community Colleges shall, and each campus point of contact described in subdivision (a) at the University of California is requested to, develop a document that includes, at a minimum, information on polices, resources, and services, including, but not limited to, counseling, for students described in subdivision (a) and their dependents.
(c) Commencing no later than the 2025–26 academic year, each campus of the California State University and the California Community Colleges shall, and each campus of the University of California is requested to, make the document described in subdivision (b) available in hard copy form at the location of the campus point of contact described in subdivision (a), and post the document, along with other information available to students described in subdivision (a) and their dependents, on the campus’s internet website.

SEC. 2.

If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.

  • Assembly Bill 237
    • Summary: An act to amend Section 46600 of the Education Code, relating to pupil attendance. – Active Duty Parent Definition
    • Status: Introduced on January 13 2023 – 25% progression
    • Action: 2023-01-26 – Referred to Com. on ED.

 (a) (1) The governing boards of two or more school districts may enter into an agreement, for a term not to exceed five school years, for the interdistrict attendance of pupils who are residents of the school districts. The agreement may provide for the admission to a school district other than the school district of residence of a pupil who requests a permit to attend a school district of proposed enrollment that is a party to the agreement and that maintains schools and classes in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, to which the pupil requests admission. Once a pupil in transitional kindergarten, kindergarten, or any of grades 1 to 12, inclusive, is enrolled in a school pursuant to this chapter, the pupil shall not have to reapply for an interdistrict transfer, and the governing board of the school district of enrollment shall allow the pupil to continue to attend the school in which the pupil is enrolled, except as specified in paragraphs (2) and (4).

(d) (1) Notwithstanding any other law, and regardless of whether an agreement exists or a permit is issued pursuant to this section, a school district of residence shall not prohibit the transfer of a pupil who is a child of an active duty military duty parent to a school district of proposed enrollment if the school district of proposed enrollment approves the application for transfer.

(5) For purposes of this subdivision, “active the following definitions apply:
(A) “Active military duty parent” means a parent with full-time military duty status in the active uniformed service of the United States, including members of the National Guard and the State Guard on active duty orders pursuant to Chapter 1209 (commencing with Section 12301) and Chapter 1211 (commencing with Section 12401) of Part II of Subtitle E of Title 10 of the United States Code.
  • Senate Bill 228
    • Summary: An act to amend Section 532 of the Military and Veterans Code, relating to
    • Spectrum: Partisan Bill (Democrat 1-0)
    • Status: Passed on October 10 2023 – 100% progression
    • Action: 2023-10-10 – Chaptered by Secretary of State. Chapter 703, Statutes of 2023.

Existing law authorizes the Adjutant General to conduct a civilian youth opportunities program, known as the “National Guard Youth ChalleNGe Program,” consisting of a residential program and post-residential mentoring to serve at-risk teens in areas of the state, including, but not limited to, the San Joaquin Valley and northern California, as specified.

(a) (1) Subject to subdivision (b), the Adjutant General may enter into a cooperative agreement with the governing board of a school district or a county office of education for the purpose of establishing, pursuant to existing statutory authority in the Education Code, a military academy to be operated as a charter school, pursuant to Part 26.8 (commencing with Section 47600) of Division 4 of Title 2 of the Education Code, or as one of the existing alternative education options, available under the Education Code. The program would provide a structured, disciplined environment that would be conducive to learning in a college preparatory environment. In addition to academic skills, students would develop leadership, self-esteem, and a strong sense of community. An academy established pursuant to this section shall comply with the Education Code.

(2) Pursuant to Section 509 of Title 32 of the United States Code and subject to subdivision (b), the Adjutant General shall conduct a civilian youth opportunities program, to be known as the “National Guard Youth ChalleNGe Program,” which shall consist of at least a 22-week residential program and a 12-month post-residential mentoring period. The program shall serve at-risk teens in areas of the state, including, but not limited to, the San Joaquin Valley Valley, western Riverside County, and Northern northern California, and shall be subject to all of the following:
(ii) The Adjutant General may appoint a current member of the State Guard who possesses a bachelor’s degree in psychology or social work to serve as a counselor within the program.

2022 Legislation

  • Assembly Bill 1746
    • Summary: An act to amend Sections 8421, 66010.91, 66010.93, 66018.5, 66025.3, 66025.9, 66093.3, 67003.5, 67380, 67453, 68120, 68121, 69000, 69438.3, 69438.5, 69465, 69470, 69506, 69511, 69513.2, 69514, 69519, 69550, 69999.16, 69999.18, 76300, 78221, 78261.5, 88931, 89295, and 92675 of, to amend the heading of Chapter 1.7 (commencing with Section 69430) of Part 42 of Division 5 of Title 3 of, to amend and repeal Section 66021.2 of, to add Chapter 1.5 (commencing with Section 69405) to, and to add and repeal Article 11 (commencing with Section 69475) of Chapter 1.7 of, Part 42 of Division 5 of Title 3 of, the Education Code, to amend Section 4709 of the Labor Code, and to amend Section 5024 of the Vehicle Code, relating to student financial aid.
      • Changes to State Guard section:
        • Section 69999.16 of the Education Code is amended to read:
          69999.16.
           (a) Commencing January 1 of the 2009–10 academic year, and each academic year thereafter, any qualifying member of the California National Guard, the State Guard, or the Naval Militia may apply for an award under the California Military Department GI Bill.
          (b) (1) A qualifying member shall meet all of the following conditions to be eligible to receive a California Military Department GI Bill award:
          (A) The person is a resident within the meaning of Section 68017.
          (B) The person is an active member of the California National Guard, the State Guard, or the Naval Militia.
          (C) The person has been accepted or registered at, or enrolled in, a qualifying institution, as defined in subdivision (l) (k) of Section 69432.7. 69406.
          (D) The person agrees to use the award to obtain a certificate, degree, or diploma that the person does not hold at the time the person applies for the award, and enrolls in at least three academic units per semester, or the equivalent thereof. The award may be used to obtain one baccalaureate, graduate, or doctoral degree. The award may be used for a certificate, degree, or diploma that leads to a baccalaureate, graduate, or doctoral degree.
          (E) The person agrees to serve two years in the California National Guard, the Naval Militia, or the California State Guard upon completion of the last academic period that the person uses educational assistance under this program.
    • Status: 50% progression
    • Last Action: 2022-07-13 – In committee: Set, first hearing. Hearing canceled at the request of author.

2021 Legislation

  • AB-474
    • Summary: California Public Records Act: conforming revisions.
    • Status: Referred to Com. on JUD.
    • Final Status: PASSED

Benefits

  • California Military Department GI Bill Award Program

The CMD GI Bill issues educational awards to qualifying members of the California Army or Air National Guard, California State Guard, and the California Naval Militia.  This State Grant can pay for up to 100% of the tuition and fees at a University of California, California State University, or a California Community College. It can also be used for eligible California proprietary and private institutions.  See the Frequently Asked Questions regarding how the award amount is calculated.

Source: https://calguard.ca.gov/education/

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